An office worker who suffered “extreme distress and trauma” when her male colleague approached from behind and tried to pull down her pants in front of other employees has been awarded more than €50,000 in compensation.
The Workplace Relations Commission ordered the worker to pay the highest possible amount.
It found that her employer, Deadline Direct Ltd, trading as Deadline Messengers, had failed to take steps to prevent harassment prior to the sexual assault and that its handling of the matter subsequently “did not mitigate [this] in any way”, reports RTE.
The company had accused the complainant, Charlotte O’Brien, of failing to contact its assigned investigator, the company’s accountant, who left a WRC hearing in early February before giving evidence to the individual.
Trial Officer Breiffni O’Neill found that Ms O’Brien had done what was required of her in the company’s investigation and had presented “uncontradicted and wholly credible evidence” to the WRC that she had suffered sexual assault at the hands of her colleague.
Mr O’Neill noted that he viewed CCTV footage of the attack on 27 May 2021 for himself and saw a male colleague, identified as “Mr. X” both “placing his hands on [Ms O’Brien]” and making an “attempt to pull her trousers down”, reports RTE.
Miss O’Brien said she was leaning against a wall in an open-plan office, hands full of shrink wrap rolls and duct tape, as Mr X carried out the attack.
It was done “in front of a room full of male colleagues” while her hands were busy, she said, reports RTE.
“Mr X then proceeded to joke and mimic what he had just done to other female workers. None of the numerous male colleagues who witnessed this said anything or assisted [her],” said her barrister Mary Fay BL, who appeared instructed by solicitor Walter Mee, reports RTE.
She said Mr X had previously made comments about her “appearance and weight” over the past several months.
The court heard that the company opened an investigation in June 2021, and was formally questioned by company accountant Austin Bergin on July 2.
Ms O’Brien was put on sick leave seven days later and the company stopped paying her a week later, she said, leaving her able to use her annual leave entitlement and social security payment claim then.
“The complainant reported the matter to the gardaí, was attending a counsellor and remained unfit to work, but despite this the respondent continued to put pressure on her to return to work,” her solicitor said, reports RTE.
Mr X resigned without questioning and Mr O’Brien was not given an inquest report.
The firm’s investigator, Mr. Bergin, walked out of the hearing before testifying, saying he did not think the matter “would take so long” the court noted.
Century Law solicitor Sean Foley, acting for the company, said none of its employees had made a complaint against Mr X before 27 May 2021 and that this was so “unique” that it “could not have been reasonably foreseen”, reports RTE.
The company’s chief executive officer, David McCann, said in evidence that these were provided to the complainant in the company’s handbook.
In his decision, however, the judge, Mr O’Neill, wrote that there was no documentary evidence to support this claim, which was disputed by the complainant, who said she “did not receive” the manual.
He found the employee handbook did not contain a “clear and distinct policy” on sexual harassment had not been provided to the complainant – and “no evidence of training having been provided to employees” prior to the date of the sexual assault, he wrote, reports RTE.
“I noted the extreme distress and trauma that she displayed when giving her direct evidence, almost two years after the assault, as well as the apparent and understandable breakdown of her trust in the respondent given their actions after she made her complaint. In particular, it is scarcely credible that she has still not received an outcome of the very serious complaint that she made,” he added, reports RTE.
Mr O’Neill said a complete investigation report could have “reversed some of the effects of the discriminatory treatment”.
He ordered the firm to pay the maximum compensation in the matter, two years’ pay, to Ms O’Brien, a sum of €50,440.
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